Types of Skilled Immigrant Job Offers Exempted From LMIA

A Labour Market Impact Assessment (LMIA) is an assessment used to determine whether a job being offered to a foreigner cannot be filled by a local Canadian worker. In most cases, an employer who wishes to hire a foreign worker needs an LMIA to support a job offer.

Construction work.
Construction work. Photo credit: skeeze/Pixabay

However, there are jobs that are exempted from providing an LMIA.

If you are applying to immigrate to Canada using the Express Entry program, the employer who extends a job offer to you doesn’t require LMIA if:

  • you have been working full-time for the employer on your work permit for at least one year (or an equal amount of part-time work)
  • you have a valid job offer
  • you have a valid work permit that is exempt from an LMIA under:
    • an international agreement
    • a federal-provincial agreement or
    • the “Canadian interests” category

For skilled trade jobs, up to two employers can make a job offer. You must work for both of those employers.

Jobs exempt from the LMIA

Your application may be exempt from needing an LMIA for Express Entry if it satisfies the following conditions:

  • Your current temporary job is LMIA-exempt
  • Your current temporary job states a specific employer or employers (for skilled trade jobs, up to two employers can make a job offer)
  • Your current temporary job is
    • covered by an international agreement like NAFTA or GATS, and non-trade agreements. This can include professionals, traders and investors.
    • covered by an agreement between Canada and a province or territory. This coverage includes investment related projects.
    • exempt for various “Canadian interests” reasons. This can include:
      • “significant benefit” – if your employer can prove you will bring an important social, cultural, and/or economic benefit to Canada. This can include:
        1. general: Self-employed engineers, technical workers, creative and performing artists, etc.
        2. workers transferred within a company (employees with specialized knowledge transferred to offices located in Canada) – only those that will benefit Canada with their skills and experience
        3. workers under Mobilité francophone
      • reciprocal employment – lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries
        1. general (such as professional coaches and athletes working for Canadian teams)
        2. International Experience Canada – a work abroad program for youth and young professionals
        3. people in exchange programs like professors and visiting lecturers
      • designated by the Minister – this includes:
        1. academics, including researchers, guest lecturers and visiting professors (sponsored through a recognized federal program)
        2. competitiveness and public policy
          • medical residents and fellows
          • post-doctoral fellows and people who have won academic awards from Canadian schools
      • Charity and religious work (not including volunteers)

These categories can be exempt only if you also meet the three conditions about LMIA-exempt job offer stated above.

Comments
Loading...